ToplineOn Thursday, President Joe Biden cautioned that it was impossible to predict the Supreme Court's final decision. However, he stated that he believes his 60-day eviction moratorium in constitutional law is a significant shift from days ago.After delivering remarks about the steps his Administration is taking in order to... [+] reinforce American leadership on clean vehicles and trucks, Joe Biden spoke on the South Lawn at the White House in Washington DC on August 5, 2021. (Photo taken by JIM WATTSON / AFP). (Photo taken by JIM WATSON/AFP via Getty Images). AFP via Getty ImagesThe Key FactsBiden answered reporters at the White House that he believed the moratorium was constitutional. However, he said that he couldn't be certain the Supreme Court would not uphold it. Biden stated that he had spoken to constitutional scholars, and that there was some disagreement. However, the consensus of those who consulted him the most was that he believed the moratorium was constitutional. The Centers for Disease Control issued the moratorium. It is intended for U.S. counties that have high or substantial levels of coronavirus transmission. This, according to the administration, covers more than 80% of U.S. counties and 90% renters. Biden announced Tuesday's new moratorium, saying that while most scholars doubt it, there was a split. However, he said that he consulted with constitutional scholars and that they agreed on the matter. Lawrence Tribe, a Harvard law professor, is the one who prompted the administration to reverse from denying the legality to extend the moratorium last Friday to issuing a new one. Tribe has long been vocal about his belief in its constitutionality according to the Washington Post. Biden stated Thursday that, even if the courts invalidate the new moratorium the appeals process will continue for a while providing temporary relief to renters.Chief CriticThe new moratorium is a slightly reduced version of the previous. It has almost all of the same legal flaws and vulnerabilities as the old moratorium, according to Reason, a George Mason University Law professor. Real estate and landlord groups have already started to file legal challenges asking federal courts for an end to the new moratorium.Important BackgroundAfter intense pressure from Democratic leaders and progressive lawmakers, the administration issued a new moratorium. Top Democrats have given credit to Rep. Cori (D-Mo.). Five5-day protest at the House steps, highlighting her experience of homelessness and lighting a fire under White House. House Speaker Nancy Pelosi repeatedly encouraged Biden to act.Important QuoteMy view is that clear and specific congressional authorization (via a new legislation) would be required for the CDC's extension of the moratorium beyond July. Supreme Court Justice Brett Kavanuagh wrote this June, after he sided with the majority in allowing it to continue in place until July. The decision was 5-4. This means Kavanaugh could have the moratorium sunk by siding with conservative justices.
